Weekend Reads court ruling: Germany must not return fled to Italy

16:16  29 july  2021
16:16  29 july  2021 Source:   spiegel.de

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German authorities can not be refurbished not without further ado to Italy, deciding a court in Münster: the plaintiffs who have been able to travel across the Mediterranean country.

  Gerichtsurteil: Deutschland darf Geflüchtete nicht nach Italien zurückschicken © Christian Minelli / Imago / Zuma Press

About Italy Temporary protection or asylum seekers can not be returned to the North Rhine-Westphalian Oberanverwaltungsgericht (OVG) in Münster from Germany without further ado. The court sees in the EU country the serious danger of inhumane and degrading treatment. This comes from two judgments published on Thursday.

For the cases, it's a man from Somalia recognized in Italy and an asylum seeker from Mali . Both were traveling from Italy to Germany. With reference to the competence of the Italian authorities, the Federal Office for Migration and Refugees (BAMF) rejected the men's asylum applications and has a return to Italy. By contrast, the men faughed in court.

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affected would be in Italy probably homeless

that was now that the protective seekers in Italy extreme material distraction. "Both applicants have no access to a recording facility and a related supply in the event of their return to Italy. There is no longer a rather than accommodation in Italy, "it said in the grounds. In addition, the applicants would not be a work in the current labor market and economic situation in Italy.

The OVG Münster did not allow revision. However, a complaint at the Federal Administrative Court in Leipzig is possible.

According to EU law and the so-called Dublin procedure, the Member State decides on the requests in which the protective seekers have arrived first.

The Dublin procedure has long been considered failed. Purely legally considered it is the southern EU states, where the vast majority of migrants arrive. In fact, however, they often continue to travel without being registered - or never comes to the targeted returns, for example because the conditions in the south of Europe are too bad. Between 2013 and 2018 , only 15 percent of all asylum seekers, for which another European country was responsible, have been returned.

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In January, German courts had already been prohibited from Greece by BAMF for comparable reasons as in the current case. There is also the suffering from the concerned because of the complete lack of auxiliary and support services within a very short time in extreme material distress and homelessness, it was said in the decisions of the Upper Administrative Courts in Münster and in the Lower Saxony Lüneburg of January and April.

The Greek government has already received thousands of recognized refugees to Germany this year. The Federal Government and in particular Ministers of Interior Horst Seehofer are therefore alarmed. Berlin have "very clearly communicated" that from the Greek authorities »the fulfillment of minimum standards« for refugees is expected, was said in April .

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